Cirilla v. Kankakee County Jail, 05-2030.

• Decision Date: 19 July 2006
• Docket Number: No. 05-2030.,05-2030.
• Citation: 438 F.Supp.2d 937
• Parties: Daniel CIRILLA, Plaintiff, v. KANKAKEE COUNTY JAIL, et al., Defendant.
• Court: U.S. District Court — Central District of Illinois

Page 937

438 F.Supp.2d 937

Daniel CIRILLA, Plaintiff, v. KANKAKEE COUNTY JAIL, et al., Defendant.

No. 05-2030.

United States District Court, C.D. Illinois.

July 19, 2006.

COPYRIGHT MATERIAL OMITTED

Daniel Cirilla, Taylorville, IL, pro se.

Michael W. Condon, Esq., Hervas, Condon & Bersani, P.C., Itasca, IL, for Defendant.

ORDER

McCUSKEY, District Judge.

Before the court is the defendants' unopposed¹ summary judgment motion, die 32.

Standard

A party moving for summary judgment must show, from the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, . ." that there is no genuine issue of material fact and that the "moving party is entitled to judgment as a matter of law." Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir.2001), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986);Fed. R. Civ. P.56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Herman v. National Broadcasting Co., Inc., 744 F.2d 604, 607 (7th Cir.1984), cert. denied, 470 U.S. 1028, 105 S.Ct. 1393, 84 L.Ed.2d 782 (1985). This burden can be satisfied by "`showing'—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. 2548. If such a showing is made, the burden shifts to the non-movant to "set forth specific facts showing that there is a genuine issue for trial." Fed. R.Civ.P. 56(e); Outlaw, 259 F.3d at 837. A nonmoving party cannot rest on its pleadings, but must demonstrate that there is admissible evidence that will support its position. Tolle v. Carroll Touch, Inc., 23 F.3d 174, 178 (7th Cir.1994). Credibility questions "defeat summary judgment only Tw]here an issue as to a material fact cannot be resolved without observation of the demeanor of witnesses in order to evaluate their credibility."' Outlaw, 259 F.3d at 838, citing Advisory Committee Notes, 1963 Amendment to Fed.R.Civ.P. 56(e)(other citations omitted).

In determining whether factual issues exist, the court must view all the evidence in the light most favorable to the nonmoving party. Beraha v. Baxter Health Care Corp., 956 F.2d 1436, 1440 (7th Cir. 1992). However, Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548. "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party there is no `genuine' issue for trial." Mechnig v. Sears, Roebuck & Co., 864 F.2d 1359 (7th Cir.1988). A "metaphysical doubt" will not suffice. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Disputed facts are material only if they might affect the outcome of the suit. First Ind. Bank v. Baker, 957 F.2d 506, 507-08 (7th Cir.1992). "Summary judgment is not a discretionary remedy. If the plaintiff lacks enough evidence, summary judgement must be granted." Jones v. Johnson, 26 F.3d 727, 728 (7th Cir.1994).

Background

The plaintiff, Daniel Cirilla has brought a civil rights complaints pursuant to 42 U.S.C. § 19,83 against five defendants, including Kankakee County Chief of Corrections Michael Downey and four corporal or correctional officers, Barb Dyer (sued as Dyer), Carol Curwick (sued as Curwick), Jessie Rodriguez (sued as Mr. Rodriguez) and Todd Schloendorf. The plaintiff claims that he was assaulted five times between June 30 and July 22, 2003. He claims that the defendants failed to prevent the beatings and they failed to ensure that he receive appropriate medical care.

The plaintiff alleges the defendants violated the plaintiff's due process rights when they, with deliberate indifference, failed to protect the plaintiff from being assaulted by other pre-trial detainees on several occasions and failed to provide him with immediate medical care.

Undisputed Material Facts²

1. The plaintiff, Daniel Cirilla is an inmate currently incarcerated at the Taylorville Correctional Center and has been at Taylorville since September 2005 (Ex. 1-Deposition of Plaintiff, p. 5). Before that time, the plaintiff was an inmate for 1-1/2 years at the Pinckneyville Correctional Center.

2. Between June 30, 2003 and January 29, 2004, the plaintiff was incarcerated at the Kankakee County Jail as a pre-trial detainee (Ex. 1, p. 6; Comp. ¶¶ 5, 11).

3. At all relevant times, defendant Michael Downey was the Chief of Corrections for the Kankakee County Jail (Defendants' Answer to Complaint ¶ 6, d/e 23).

4. At all relevant times, defendants Barb Dyer, Carol Curwick, Jessie Rodriquez, and Todd Schloendorf were correctional officers employed by Kankakee County (Defendants' Answer to Complaint ¶¶ 7-10).

5. On June 30, 2003, the plaintiff was arrested by Kankakee City police. (Comp. ¶ 19, Ex. 1, p. 6).

6. After being booked and processed at the Kankakee County Jail, the plaintiff was placed in the jail's "drunk tank" (Ex. 1, pp. 6-8). The plaintiff remained housed there for approximately 22 days (from June 30, 2003 until July 22, 2003), after which time the plaintiff was moved to the jail's medical dormitory (Answer to Comp., ¶ 23, Ex. 1, p. 53).

7. The plaintiff claims that he was involved in four altercations/fights on four separate dates between June 30-July 21 with four different inmates during his stint in the drunk tank (Ex. 1, pp. 27-45).

8. The plaintiff claims that he was kicked and punched during the first altercation by an unknown inmate but the plaintiff didn't suffer any injuries other than some bruising (Ex. 1, p. 29).

9. The plaintiff claims that he was kicked and punched during the second altercation by an unknown inmate and that his ribs and mouth were bruised after the second altercation (Ex. 1, pp. 35-36).

10. The plaintiff claims that he was punched during the third altercation by an unknown inmate and that he was bruised after the third altercation (Ex. 1, pp. 38-41).

11. The plaintiff claims that he was punched during the fourth altercation and that he received a bloody nose and bruised ribs during that altercation (Ex. 1, pp. 42-44)³.

12. The plaintiff claims that he asked for medical attention after the fourth altercation and asked to be moved to another cell. In response, defendant Captain Carol Curwick moved the plaintiff to an adjacent holding cell and a nurse at the jail gave the plaintiff Tylenol and cleaned his nose (Ex. 1, pp. 44-45). After the jail nurse attended to his injuries, the plaintiff was returned to the drunk tank (Ex. 1, p.

13. At all relevant times, request/grievance forms were available at the jail, wherein inmates could complain about a matter, request medical attention or otherwise bring a matter or incident to the attention of jail officials (Ex. 1, p. 32).

14. At all relevant times, the plaintiff was aware that request and grievance forms were available to him and that he could bring a matter or problem to the attention of jail officials (Ex. 1, pp. 54-72).

15. Kankakee County does not have a record of the plaintiff submitting any request or grievance forms regarding any of the alleged four altercations described above.

16. On July 21, 2003, the plaintiff submitted a request form asking that a nurse look at his left finger (Ex. 1, pp. 54-55; Ex. 2). The request form was returned the same day to the plaintiff with a written response indicating that the plaintiff needed to fill out a sick call slip so the plaintiff could be seen. Id.

17. Upon receiving the written response from jail officials, the plaintiff did, in fact, fill out a "sick call" slip, indicating that he had a hurt finger and hand (Ex. 1, p. 56; Ex. 3).

18. The plaintiff did not state on the request form or the "sick call" slip that he had been beaten on any prior occasions or that he had ongoing injuries resulting from any prior altercation with an inmate, even though the plaintiff claims to have been struck by inmates inmates on numerous occasions during the preceding three weeks (Ex. 1, pp. 60-61).

19. On July 21, 2003, the plaintiff advised the jail's nurse that he hurt his left hand after punching a cell wall in anger (Ex. 4-Jail Inmate's Medical Record). The plaintiff did not advise the nurse of any other injuries during his visit with the nurse. Id. Plaintiff was given an ice pack and medicine by the jail's nurse. Id. 20. On July 22, 2003, the plaintiff got into an alleged fifth and final altercation in the jail's holding cell (which is next to the jail's drunk tank), this time with an inmate named Laurice Love, who was in the holding cell at the time to use the phone (Ex. 1, pp. 46-49, 57-58). The plaintiff claims that Love punched and kicked him and that he suffered injuries to his head, nose and mouth because of Love's actions (Ex. 1, pp. 50-51).

21. After the altercation between the plaintiff and Love, correctional officers, including defendant Barb Dyer, took the plaintiff from the drunk tank and drove him to St. Mary's Hospital, where the plaintiff received three stitches in the back of the head and a splint for the plaintiff's wrist (Ex. 1, pp. 50-51; Ex. 5-Dyer's report).

22. The plaintiff was x-rayed at St. Mary's Hospital. The x-rays were negative for fractures. He was treated for contusions, lacerations and a sprained wrist (Ex. 6-St. Mary records, dated 7/22/03; Ex. 1, p. 60).

23. After the plaintiff received treatment at St. Mary's Hospital, he was returned to the jail's medical dormitory, where he remained until being transferred out of the Kankakee County jail on January 29, 2004 (Comp. 1148; Ex. 1, p. 52).

24. After the incident with Love on July 22, the plaintiff indicated that he wanted to file charges against Love. The jail officials forwarded ...